Terms and Conditions of Sale


In order to formalise our commercial dealings and respect for our clients we have drawn up these terms and conditions of sale. I guarantee this consideration and guarantee that these terms will be upheld.

SOMMAIRE

I. LEGAL INFORMATION
II. APPLICATION OF THE TERMS AND CONDITIONS OF SALE
III. PRICE
IV. MINIMUM QUANTITY
V. AVAILABILITY OF OUR PRODUCTS
VI. COSTS OF CARRIAGE
VII. METHODS AND DELIVERY TIME FRAMES
VIII. PAYMENT
IX. CARRIAGE AND RESPONSIBILITY
X. RETURNS POLICY
XI. DEED OF TITLE
XII. CANCELLATION
XIII. DATA CONFIDENTIALITY
XIV. APPLICABLE LEGISLATION AND APPROPRIATE JURISDICTION
XV. PROTECTION OF MINORS
XVI TRACKING ORDERS



I. LEGAL INFORMATION

Designated Name : WINE and CO
Headquarters: 83 quai de Paludate - 33080 BORDEAUX Cedex, France
Registered trading number : 433 450 202 BORDEAUX
Legal representative: Philippe THOMAS



II. APPLICATION OF THE TERMS AND CONDITIONS OF SALE

The present conditions apply to the sale of products in the WINE and CO shop, accessible by internet and by telephone. These conditions are automatically made available to the buyer in the home page of the internet site of WINE and CO.
The buyer has only to click on the terms and conditions of sale to know the terms and conditions of the order, even before starting the order process.
Consequently, the fact of making an order implies complete adhesion, without reserve, with these Terms and Conditions, with the exclusion of all other documents such as prospectus and catalogues, transmitted by the vendor, which have only an indicative worth.
The fact that the vendor does not reiterate the terms and conditions, does not imply that the vendor will subsequently renounce these conditions.
Our offers are exclusively reserved to private customers excluding wine brokers and traders.
Orders are confirmed once invoices are sent out but sure once they have been paid.



III. PRICE

Indication:
Prices indicated are in Euros (€) or in local currency. They are indicated with tax included, excluding duty. While stocks last. Prices may vary if the product is restocked. Prices are subject to misprints and display error.
- Products delivered in United Kingdom: British laws and VAT are taken into account.
-Products delivered in Germany: German laws and VAT are taken into account.
- Products delivered in Continental France and Corsica: French laws and VAT are taken into account.
In exceptional cases, prices may be expressed excluding tax (in the case of en primeur wines). In this case, VAT will be added at the applicable rate, along with the excise in force at the time of delivery 1 or 2 years after the order has been placed.

Billing:
A detailed bill will be provided with the delivery of your order. All bills will be issued in Euros (€) , alongside the equivalent in the local currency of the client.
All bank payments can be made in Euros (€) or in local currency.



IV. MINIMUM QUANTITY

Certain references are subject to a minimum order. On the site, this particular condition is clearly specified for all of the references concerned.



V. AVAILABILITY OF OUR PRODUCTS

It is possible to know in real time the availability of or products on our site. Thus, you are guaranteed to be able to order products which are always available.



VI. COSTS OF CARRIAGE

Transport costs:
Carriage costs vary according to the type of transport and the delivery destination. They do not vary depending on weight, number of articles. We will offer free delivery for any en primeur order reaching £450 ex.tax. or more (per vintage, 1 delivery address in the UK).

Choice of delivery options:
Certain orders cannot be delivered by the Express transport option, due to the presentation of the bottles. This includes bottles delivered in wooden cases and orders containing more than 12 bottles or those which are presented with accessories. All such orders will be delivered using the Standard transport option.

Delivery Countries: United Kingdom, Germany, Belgium, Austria and Italy Tarif including tax: Standard = 19,90€ (£18,11); Express = 40€ (£24,68)
Continental France and Corsica, Tarif including tax: Standard = 9.90€ (£9); Express = 40 € (£24,68) Deliveries to other countries: please consult us directly.

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VII. METHODS AND TIME FRAMES OF DELIVERY

The carrier delivers to the address indicated by the purchaser at the time of ordering (or in the case of absence a delivery note will be left by the carrier).

Time frames of delivery:
The time frames of delivery vary in accordance to the delivery option chosen and the delivery destination. These time frames begin after the verification of client details and the reception of payment by WINE and CO in the case of non immediate payment, and bank authorisation in the case of immediate payment (on-line credit card payment).
These delivery time frames do not apply to the sale of en primeur wines.

- United Kingdom Express: Day + 72hrs
- United Kingdom Standard: Day + 10 days

- France Express: Day + 24hrs
- France Standard: Day + 10 days
- Germany Express: Day + 48hrs
- Germany Normal: Day + 10 days
- Belgium Express : Day + 24hrs
- Belgium Normal : Day + 10 days
- Autriche Express : Day + 48hrs
- Autriche Normal : Day + 10 days
- Italie Express : Day + 72hrs
- Italie Normal : Day + 10 days

It is expressly stipulated that the time frames of delivery for vintage champagnes are not guaranteed (identified as such on the site).

In all cases, all deliveries will be made within a maximum of thirty (30) days, including the date the order was processed. If it is not possible to guarantee this, the consumer will be informed at the earliest possible time and has the option to cancel the order. An exchange or refund may be possible.

NB: some items (big bottle sizes, Veuve Clicquot Paint Box...) can alter the number of parcels sent with the express delivery service ending up in increasing the delivery costs (i.e. 3 x Veuve Clicquot Paint Box = 3 parcels = 3 x £27.20)



VIII. PAYMENT

TERMS OF PAYMENT

1 - Terms and conditions
As soon as your order form has been confirmed on the site, the price of ordered goods is payable in full to WINE and CO by one of the following methods:
-By credit/debit card (secure on-line payment or communication of the card number, expiry date and the name of the card holder by telephone, fax or post),
-By cheque,
-By bank or postal transfer,
-By Quick Pay.

2 - En primeur wines
The en primeurs wines will be paid for in two instalments. The first instalment, which includes the total cost excluding tax, is to be paid when your order is confirmed on the site (by means of one of the payment methods indicated above). You will receive a pro forma invoice equivalent to a "Certificate of Reservation" as soon as this payement has been done.
The Château and owners are the only persons in charge for the maturing of the wines, date of bottling and release of the wines. If for any reason the Châteaux or owners would decide not to market the wines, WINE and CO would then reimburse the amount you have already paid when placing the order and excluding any other indemnity or damages.
You must update your personal details to be informed by email that your order(s) is available for delivery (1 or 2 years after the order was placed). You will find the outstanding amount of VAT, excise duty and transport costs that must be paid before delivery in the email. You will then have 6 months to give your delivery instructions and pay. A last reminder will be sent out by post to give the taxes, transport costs (if applicable) and potential storing fees that are still due. You will then have 8 days to pay. Past this delay the sale will be cancelled and Wineandco will be free to dispose of the wines ordered. Your customer account will then be credited with the amount paid less 20% deducted in compensation. This amount can be used on your account for a period of 10 years.
We will send the final invoice with the wines showing the VAT rate in use (17.5% at the present time) and transport costs.

Methods of payment

1 - Internet: secure payment by credit/debit card
A secure procedure for payment over the internet by means of credit/debit card has been put in place. This procedure is based upon the latest encryption technology, the reference for secure payment.
How to order using a credit/debit card on the site?
At the time of payment, enter your card number, and expiry date, these are immediately encrypted in your computer, before being sent over the internet. Thus, no confidential information circulates on the network without prior encryption.
Please Note: only cards which indicate CB, VISA, EUROCARD or MASTERCARD are accepted.

2 - Post: payment by Euro Cheque
a) On the “shopping basket†page choose to pay by cheque.
b) Make out your cheque to WINE and CO and send it to our registered headquarters: WINE and CO, 83 quai de Paludate – 33080 Bordeaux Cedex, France.
c) Please print out the “Order recap†page and send it with your payment.

3 - Bank Transfer
a) In your “shopping basketâ€, choose to pay by bank transfer.
b) Authorise that the amount of the order be transferred to one of our bank accounts:

Our bank in Great Britain for payments in pounds Sterling (£):
LLOYDS TSB
Sort Code: 300008
Account Nr.: 01065701
IBAN : GB05LOYD30000801065701
BIC/SWIFT: LOYDGB21012

Our bank in GERMANY:
COMMERZBANK
Telephone: +49 0 681 4001-206
Kontoinhaber: WINE and CO
Bankverbindung: Commerzbank A.G. Saarbrücken
Konto Nummer:530 91 66
Bankleitzahl: 590 400 00
BIC/SWIFT : COBA DEFF
IBAN: DE 85 5904 0000 0530 9166 00

Our bank in FRANCE:
Banque CREDIT LYONNAIS
Code banque: 30 002
Numéro de compte: 00000 63 027 T Code guichet: 01 827
Clé RIB: 86
Code BIC/SWIFT: CRLY FRPP
IBAN: FR06 3000 2018 2700 0006 3027 T86

4 - Quick Pay
a) While in your “shopping basket†page choose to pay by Quick Pay.
b) Send us a cash mandate/Western Union mandate in the currency of your choice to our registered headquarters at: WINE and CO, 83 quai de Paludate – 33080 Bordeaux Cedex, France.



IX. CARRIAGE AND RESPONSIBILITY

All goods are carried at your cost, risk and peril. It is thus in your own interest to verify the contents of your package, and to express your reservations if necessary, at the time of delivery, in the following manner:

On the dispatch note provided by the courier
In all cases inform WINE and CO by means of registered letter to our registered headquarters (83 quai de Paludate – 33080 Bordeaux Cedex, France), or by telephone 00 800 1000 20 20 within three (3) days after reception of the package.

In case of damage when preparing the dispatch or on delivery, WINE and CO will take the necessary steps to organise a new delivery or reimburse the amount paid on the order. Your account would be credited of the amount and the WINE and CO would be debited of the amount. YOU WILL BE CONTACTED BY OUR CUSTOMER SERVICES.



X. RETURNS POLICY

Your rights
As stated in article L. 121-16 of the Consumers’ Code, France, you have the right to return goods, at your own cost in good condition and in the original packaging with the original bill, within seven days (including the day of delivery), to our registered headquarters indicated in the first article, for exchange or refund.

Regarding the En Primeur wines, you have the right to amend or cancel the order within 7 days from the day you received the pro forma invoice. This delay passed the order will be considered as definitive.

Payment of returns expenses
WINE and CO will not accept to pay the expenses of goods returns except when the two following conditions are fulfilled simultaneously:

The goods received are not those ordered. You have expressed your misgivings regarding your delivery to the carrier (see article 9: Carriage and Responsibility). In this case contact our customer service department, their details are to be found in article 14, and they will organise the return of your product.



XI. DEED OF TITLE

Goods remain the property of WINE and CO until payment has been received in full. Ownership of the goods changes once payment for goods is received in full. Once the goods are delivered the purchaser is automatically responsible for them. Transfer of ownership of goods implies also the transfer of risks.



XII. CANCELLATION OF ORDER

If the payement has not been received in the expiration term and one month after an unsuccessful formal demand, the sale will be cancelled and the down payement will be reimburse to the customer with the possibility for WINE and CO to reclaim the goods already delivered with no loss or damage. In the case of a commercial action an inclusive payement corresponding to 15% of the amount of the order will be applied.



XIII.DATA CONFIDENTIALITY

Access and rectification rights
In order to provide a service which can respond to your needs, we need to have some of your personal details (surname, first name, address).
You may receive through the intermediary of WINE and CO, offers from other companies or organisations, or be informed by telephone, post or e-mail of WINE and CO offers.
If you wish to change your details in your account, you should write to our Customer Service department stating your surname, first name and address, or alternatively you can modify your information yourself after you login into your account.
In accordance with the Information Systems and Liberty Law of 6th January 1978, France, you have the right of access and rectification of the data recorded.
It is also possible to modify your information by simply contacting our customer service department by telephone.

Banking information
When you buy on line, your bank details are neither stored nor visible on the internet. It is not possible to intercept the information you send. WINE and CO guarantees the confidentiality of your data, by means of the security server software used (SSL).



XIV. APPLICABLE LEGISLATION AND APPROPRIATE JURISDICTION

We invite you to find an amicable solution with our Customer Service Department, if it becomes difficult to apply the Terms and Conditions of Sale.

WINE AND CO Customer Service Department
83 quai de Paludate
33080 BORDEAUX Cedex
France
From Monday to Saturday: 8am until 5pm GMT
Telephone: 00 800 1000 20 20
Fax: +33 (0) 5. 56. 49. 86. 80
E-Mail: call-center@wineandco.com

In the case of negotiation failure, the following conditions will apply:

A contract concluded in France by a French consumer from France
The current contract is subject to French law. The current contract is subject to French law; Within the context of interpretation and execution of this contract all litigation will be brought before the residential jurisdiction of the defender or the place of delivery.

A contract concluded by a consumer ordering from a different country in the European union
The current contract is subject to French law. Within the context of interpretation and execution of this contract all litigation will be brought before the applicable jurisdiction as stated in the directives and the rules of the European Union (in particular The Brussels Convention 27th September 1968).



XV. PROTECTION OF MINORS

In accordance with article L. 3342-1 of the Public Health Code, France, which stipulates that the sale of alcohol to minors under the age of sixteen (16) years of age is strictly forbidden, you are required to confirm that you are over sixteen (16) years of age, when ordering, by ticking the appropriate box.



XVI. TRACKING ORDERS

If you wish to know the status of your orders (in preparation, has been shipped,etc.) our Customer Service Department is at you service.

WINE and CO Customer Service Department
83 quai de Paludate
33080 BORDEAUX Cedex
France

From Monday to Saturday: 8am until 5pm
Telephone: 00 800 1000 20 20
Fax: +33 (0) 5. 56. 49. 86. 80
E-mail: call-center@wineandco.com